Courts have consistently ruled the schools, conferences, and the 'AA are not state actors in this context. Sounds like Clay Travis might want to spend less time asking idiotic questions and bemoaning the demise of The Fired Coach and look at some controlling precedent before he shoots off his mouth.
What authority would you cite for that principle?
I agree that the SEC and the Universities have the ability to restrict the dissemination of the events within their stadiums, but they are state actors unless they fall into a strictly and narrowly drawn exception.
The only exception that has been readily recognized in this context -- prayers before games at colleges -- had nothing to do with "state actor" status, but rather with the academic freedom doctrines emanating from the 1st Amendment. It was an entirely different issue. If you have other authorities, I would like to see them because I have never seen a holding that state universities are not state actors when engaged in athletics.
The NCAA and SEC, however, are likely not state actors. In this context, however, even if they weren't they could potentially run afoul of 42 USC Sec. 1981, in that their activities concern commerce and impact a fundamental right (i.e. playing football is not a fundamental right, freedoms of speech and press are).
Clay is more on target than you realize.
There must be a reasonable balance and -- at least with regard to ticket-holding fans -- the policy is woefully overbroad to the point that it is borderline unenforceable in this lawyer's opinion.
I'm not saying they could not craft a policy which would permissibly restrict such activities, but this one isn't it.
